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Johan Louw Construction (Pty) Limited v J W Mitchell & Western Cape Plumbing CC (10304/03) [2010] ZAWCHC 29 (12 February 2010)

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IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT. CAPE TOWN)



CASE NO: 10304/03


DATE: 12 FEBRUARY 2010



In the matter between:

JOHAN LOUW CONSTRUCTION (PTY) LIMITED APPLICANT

and

J W MITCHELL & WESTERN CAPE PLUMBING CC RESPONDENT






JUDGMENT


(Application for Leave to Appeal)






IRISH. AJ



In this matter Mr Walters appears for the applicant in an application for leave to appeal and Mr Howis, appears for the second respondent.



I have listened to the submissions made by Mr Walters and I am also indebted to him for the helpful heads of argument which he filed. I am not persuaded, however, that the result of any appeal would be any different from the order which I have given. I do not regard there as being a reasonable prospect that another Court will come to a different conclusion and In the result the APPLICATION FOR LEAVE TO APPEAL IS DISMISSED, with costs.

IRISH. AJ